[Congressional Record Volume 151, Number 26 (Tuesday, March 8, 2005)]
[Extensions of Remarks]
[Page E388]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                OPPOSITION TO CLASS ACTION FAIRNESS BILL

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                               speech of

                          HON. BETTY McCOLLUM

                              of minnesota

                    in the house of representatives

                      Thursday, February 17, 2005

  Ms. McCOLLUM. Mr. Speaker, I rise in opposition to the so-called 
class action fairness bill. This legislation will close the courthouse 
doors to thousands seeking justice.
  The bill we are considering today pushes almost all class actions 
into the federal courts and away from state jurisdiction. It is no 
secret that federal courts are generally less willing to consider 
complex civil litigation than state courts. They face incredible 
backlogs with hundreds of criminal drug cases and immigration cases. 
Federalizing class actions causes delays in getting relief for injured 
consumers.
  Instead of fixing the current system, this legislation is only making 
it more difficult and time-consuming for Americans with legitimate 
complaints to have their day in court. Class actions are a critical way 
for people, particularly those without the resources to battle large 
corporations, to seek redress from companies for fraudulent behavior, 
defective products and employment discrimination. A strong class-action 
system is particularly important given the emergence of evidence 
proving corporate wrongdoing in recent years. This bill will give 
banks, credit card companies, insurers, HMOs, drug manufacturers and 
other big businesses a green light to defraud and deceive consumers 
without fear of being held accountable. Most troubling, this bill 
deprives Americans of an important forum--in many cases their only 
forum--for remedying genuine wrongs.
  I support strengthening our class action system and reducing fraud, 
which is why I voted for a substitute bill. This legislation would 
ensure that people injured or discriminated against could still get the 
justice they deserve while making adjustments needed to reduce abuse in 
the class action system. The substitute puts an end to ``coupon 
settlements'' and court shopping. It keeps our class action system 
accessible and effective by carving out civil rights and worker rights 
cases. It protects cases brought by state attorney's general. Lastly, 
it asks the Administrative Office of the U.S. Courts to report back to 
Congress on how the new law is working. The substitute is a real 
improvement in our legal system that will ensure the protection and 
justice promised to individuals, families and businesses by our 
Constitution.

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